1. (C) SUMMARY: The GOR is highly unlikely to extradite former FSB officer Andrey Lugovoy to Britain, citing constitutional and other legal prohibitions against the extradition of Russian citizens. Official and unofficial Russian reaction to the May 22 British announcement that Lugovoy would be charged with the murder of Aleksandr Litvinenko has been nearly uniform in rejecting the UK request that he stand trial in London. The MFA held out the prospect of further cooperation in the investigation, while citing the impossibility of extradition, but other Russian commentators were more categorical, suggesting that the British charges were politically motivated. A few opposition voices called for Lugovoy to voluntarily submit to British justice. The British Embassy expects a further worsening in the UK-Russia and EU-Russia relationships. We should continue to reinforce to the GOR the damaging consequences to Russia’s reputation should this case fail to reach trial. END SUMMARY.

2. (C) On May 22, the UK’s Crown Prosecution Service announced that it had sufficient evidence to request Lugovoy’s extradition and to charge him with the polonium poisoning of Litvinenko in November 2006. UK Ambassador Brenton told the Ambassador May 23 that the UK Embassy expected to receive the final warrant by the end of the week and would transmit it to the Procuracy shortly thereafter.

EXTRADITION: OBSTACLES AND OPTIONS

3. (SBU) Both the Russian Constitution and the Criminal Code prohibit the GOR from extraditing Russian citizens, as is the case in several other European countries whose legal systems have evolved from the Napoleonic code. Russia has a 2006 Memorandum of Understanding with the Crown Prosecution Service and is a signatory to the 1957 European Convention on Extradition. Both of these were mentioned in the Prosecution Service’s announcement of the charges, but neither of them would supersede the Russian Constitution and obligate Russia to extradite Lugovoy. There is a precedent for the GOR to prosecute Russian citizens in lieu of extradition. Three times it has done so at U.S. request — two murders and one money laundering case — but none of these cases led to a conviction, and the British are not apparently considering this option.

4. (SBU) In a May 22 statement on its website, the MFA reiterated its readiness to cooperate further in an objective investigation into Litvinenko’s death, but it emphasized that Russia’s legal prohibitions against extradition were well known and similar to those in place in other countries.

5. (SBU) Other official and unofficial Russian reaction was overwhelmingly against the British request. Duma Speaker Boris Gryzlov said that the Russian parliament would uphold Russian law and not allow Lugovoy to be returned to Britain. International Affairs Committee Chairman Konstantin Kosachev warned that diplomatic relations with the UK would be negatively affected should the charges be politically motivated. Duma Deputy Viktor Ilyukhin, the vice chair of the Duma’s Security Committee, rhetorically asked why Russia should even consider Britain’s request when it ignored the GOR’s efforts to extradite Boris Berezovskiy and Chechen separatist emissary Akhmed Zakayev. LDPR Chairman Vladimir Zhironovskiy thought that Russian law enforcement might want to trade Lugovoy for Berezovskiy.

6. (SBU) Independent Duma Deputy Vladimir Ryzhkov was one of the few who suggested Russia’s international interests ought to take precedence over national law and expressed confidence in the results of the British investigation. Protecting Lugovoy would lead to extensive damage to Russia’s image abroad, he said. Likewise, LDPR Deputy Aleksey Mitrofonov publicly called on Lugovoy to return to London voluntarily. Mitrofonov said that Russia and Britain needed to resolve the issue or Russia faced the prospect of further deterioration in its relations with the West amid growing suspicions that the GOR was protecting Lugovoy. He suggested that “public” pressure on Lugovoy to voluntarily face British justice might be the best way out of an impasse.

BRITAIN’S NEXT STEPS

7. (C) Noting that the UK would be seeking an EU statement of support in urging Russia to agree to extradition (reftel), Brenton predicted that the failure to turn over Lugovoy would create serious problems in London’s bilateral relationship with Moscow, and potentially problems in the EU-Russian relationship as well. Failing any progress, he reiterated the UK may reassess whether it would support a new EU-Russia Partnership and Cooperation Agreement. The German and French missions have expressed to us their doubts about this approach, noting the similar constitutional restrictions on the extradition of nationals by some EU countries.

PUBLIC APATHY ABOVE ALL

8. (C) Ekho Moskvy’s Aleksey Venediktov told us separately there is little chance of a resolution soon, particularly given the rift in relations between Putin and Blair. Putin believes PM Blair betrayed him over the British refusal to extradite Berezovskiy, and Venediktov said that the GOR has now pinned its hopes for a better relationship with Britain on Brown. Venediktov said Russian public opinion is largely indifferent to the whole affair, based on responses to Ekho’s on-air discussions about Litvinenko’s death, and doubted it would be a factor in the GOR position. Demos Center’s Tanya Lokshina similarly questioned whether there would be anything other than public support for the GOR’s position and that the public was more likely to believe that the charge against Lugovoy was one more Western provocation.

9. (C) Comment. It is highly unlikely that the GOR will yield its constitutional principle on extradition. There is no indication that any Russian offer of cooperation short of extradition will satisfy the Crown Prosecution Service’s request. Given the sensational nature of the murder and the uncertainty over where the trial may lead beyond Lugovoy, there has been little official interest expressed in Lugovoy clearing his name in a UK court. Although we know of no other legal mechanisms that would trump the Russian constitution, we should continue to reinforce to the GOR the long-term damage to Russia’s reputation if this case fails to go to trial. BURNS